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Before the New Mexico Environmental Improvement Board (NMEIB) began its hearing on February 23, 2026, on the New Mexico Environment Department's (NMED) proposed rule to implement the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, NMED posted clean and redline versions of a "Rebuttal Proposed New Rule." As reported in our January 23, 2026, blog item, NMED posted a revised proposed rule in January 2026. The February 2026 revisions state that the label shall include the symbol of an Erlenmeyer flask with the word "PFAS" inside the flask. The label may also include the following words directly adjacent to the flask: "This product is made with PFAS," "Made with PFAS," or "Contains PFAS." The requirement that consumer packaging include the URL for a web page hosted by NMED has been dropped. The draft label released in October 2025 that stated, in English and Spanish, "CAUTION: Associated with environmental impacts and health effects such as cancer" would no longer be required.
The NMEIB hearing docket includes a treasure trove of materials for the PFAS aficionado. NMED staff are presenting technical testimony covering a variety of topics, including the definition of PFAS, toxicological data regarding PFAS, fluoropolymers, and consumer exposure. Technical experts from industry associations such as the Complex Products Manufacturers Coalition, American Chemistry Council, Alliance for Automotive Innovation, and Household and Commercial Products Association will also be testifying. NMEIB is also hearing oral comment during the hearing. The rulemaking docket includes written testimony and exhibits providing a unique view into NMED's rulemaking. The hearing will continue as long as necessary to hear all testimony, evidence, and public comment through March 6, 2026.
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